Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 04-0237.01 Thomas Morris HOUSE BILL 04-1208 HOUSE SPONSORSHIP Stengel, SENATE SPONSORSHIP (None), House Committees Senate Committees Agriculture, Livestock, & Natural Resources Finance A BILL FOR AN ACT Concerning an increase in wildlife license fees other than nonresident big game license fees, and, in connection therewith, providing a revenue source for and extending the repeal date of the wildlife management public education advisory council. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Raises most of the statutory wildlife license fees, other than nonresident big game license fees, and annually adjusts the fees in accordance with changes in the consumer price index for the Denver-Boulder metropolitan area. Funds the wildlife management public education advisory council with a 75› license fee surcharge and repeals the voluntary checkoff for donations to the council. Extends the repeal date of the council to July 1, 2009. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 33-4-102 (1.4), (1.5), (1.6) (b), and (8.5), Colorado Revised Statutes, are amended to read: 33-4-102. Types of licenses and fees - repeal. (1.4) The division is authorized to issue the following resident and nonresident licenses and shall collect the following fees, therefor, except as otherwise provided pursuant to subsection (1.6) of this section: Fees Resident Nonresident (a) Extra rod stamp $ 4.00 5.00$ 4.00 5.00 (b) Fishing - 1 day 5.00 8.005.00 8.00 (c) Fishing - 5 days 10.00 Not available 18.00 30.00 (d) Fishing - annual 15.00 25.0040.00 60.00 (e) Senior annual fishing 7.50 10.00Not available (f) Small game hunting 10.00 20.0040.00 50.00 (g) Small game - 1 day 5.00 10.005.00 10.00 (h) Furbearer license small game - 5 days 20.00 Not available 200.00 30.00 (i) (Deleted by amendment, L. 94, p. 1320,  3, effective May 22, 1994.) (j) Turkey 10.00 20.0075.00 100.00 (k) Combination fishing and small game hunting 20.00 40.00Not available (l) Antelope Pronghorn 20.00 40.00 270.00 (m) Bear, fall 30.00 60.00 450.00 (n) Repealed. (o) Deer 20.00 40.00 270.00 (p) Elk bull 30.00 60.00 450.00 (p.5) Elk cow 40.00 450.00 (q) Mountain goat 150.00 300.00 1,500.00 (r) Moose 200.00 300.00 1,500.00 (s) Mountain lion 30.00 60.00 450.00 (t) Rocky mountain bighorn sheep 150.00 300.00 1,500.00 (u) Desert bighorn sheep 200.00 300.001,000.00 (v) (I) Resident low-income senior lifetime fishing 2.00 Not available (II) (Deleted by amendment, L. 97, p. 766,  1, effective May 1, 1997.) (w) Youth big game 10.00 each 100.00 each (deer, elk, antelope pronghorn) (x) Youth small game hunting 1.00 1.00 (1.5) Except as otherwise provided in subsection (1.6) of this section, effective January 1, 1992, the division is authorized to collect these fees for the following resident licenses: Fishing - annual $ 20.00; small game hunting - $15.00; combination fishing and hunting - $30.00; senior annual fishing - $10.00; fishing - 5 days - $18.00. (1.6) (b) The nonresident big game fees described in subsection (1.4) of this section shall annually be adjusted in accordance with changes in the United States bureau of labor statistics consumer price index for the Denver-Boulder consolidated metropolitan statistical area for all urban consumers and all goods, or its successor index. Such adjustment shall not be effective until the commission notifies the joint budget committee of such adjustment. (8.5) (a) Any hunting or fishing license issued by the division shall contain a checkoff option allowing license applicants to donate money, in addition to the stated license fee, as a voluntary contribution or gift as defined in section 24-77-102 (6), C.R.S., to the wildlife management public education fund created in section 33-1-112 (3.5) (a) for purposes of funding the wildlife management public education advisory council created in section 33-4-120. As a voluntary contribution or gift, such a checkoff option shall not be included in state fiscal year spending pursuant to section 24-77-102 (17) (b), C.R.S. A surcharge of seventy-five cents shall be assessed on each hunting and each fishing license listed in subsection (1.4) of this section that is sold by the division or one of its license agents pursuant to section 33-4-101. Receipts and interest from the surcharge shall be deposited in the wildlife management public education fund created in section 33-1-112 (3.5) (a). (b) Any application issued after January 1, 2000, for a limited hunting or fishing license requiring the submission of an application to the division shall contain such a checkoff option for funding the wildlife management public education advisory council. (c) Any hunting or fishing license issued over the counter and not requiring the submission of an application to the division shall contain a mechanism, as soon as practicable, for allowing purchasers to donate money to fund the wildlife management public education advisory council. (d) All reasonable costs incurred by the division in the development of checkoff options pursuant to paragraphs (b) and (c) of this subsection (8.5) shall be paid for out of the moneys donated pursuant to this subsection (8.5). However, no more than twenty-five percent of the donations shall be used to pay for ongoing, reasonable administrative costs associated with processing checkoff donations. (e) This subsection (8.5) is repealed, effective July 1, 2009. SECTION 2. 33-4-120 (3) (a), Colorado Revised Statutes, is amended to read: 33-4-120. Wildlife management public education advisory council - creation - repeal. (3) (a) This section is repealed, effective July 1, 2005 2009. SECTION 3. 33-1-112 (3.5) (a), Colorado Revised Statutes, is amended to read: 33-1-112. Funds and cost accounting - repeal. (3.5) (a) There is hereby created the wildlife management public education fund. Moneys in such fund shall consist of the surcharge authorized by section 33-4-102 (8.5), such moneys as the general assembly allocates to the fund, and moneys collected from gifts, donations, contributions, bequests, grants, and funds or reimbursements made from other sources to the wildlife management public education advisory council created in section 33-4-120. SECTION 4. 33-1-112.5 (2) (a), Colorado Revised Statutes, is amended to read: 33-1-112.5. Search and rescue fund - transfer of duties. (2) (a) A surcharge of twenty-five cents shall be assessed on each hunting and each fishing license listed in section 33-4-102 (1) and (1.4) and (1.5) that is sold by the division or one of its license agents pursuant to section 33-4-101. Receipts and interest from the surcharge shall be deposited in the search and rescue fund created in subsection (1) of this section. SECTION 5. 33-4-101 (1) and the introductory portion to 33-4-101 (11), Colorado Revised Statutes, are amended to read: 33-4-101. License agents - reports - board of claims - penalty for failure to account. (1) The director may designate sole proprietors, partnerships, or corporations as license agents to sell hunting, fishing, trapping, and other licenses of the division. License agents shall be paid a commission, in an amount to be determined by rule by the commission, on all moneys collected for licenses sold. License agents shall accept donations on behalf of the division as provided for in section 33-4-102 (8.5). All agents authorized to sell licenses shall keep accurate records of all sales of licenses and of all donations received as provided in section 33-4-102 (8.5) and shall make such reports to the division regarding license sales and donations received as may be required by the division. Such agents shall be required to give evidence of financial responsibility, in the form of a savings account, deposit, or certificate of deposit meeting the requirements of section 11-35-101, C.R.S., or an irrevocable letter of credit meeting the requirements of section 11-35-101.5, C.R.S., or a bond, in such amount as may be fixed by the division based upon performance criteria established by the wildlife commission by rule, or regulation which may be less than the full value of consignment, in an amount adequate to ensure the remittance of all moneys collected from such license sales, less amounts allowed as commissions, and the making of reports required by the division. The commission may promulgate rules and regulations for the establishment and cancellation of license agencies. All license moneys received and all donations received as provided in section 33-4-102 (8.5) shall be kept separate and apart from any other moneys of the agent authorized to sell licenses and shall at all times belong to the state. All moneys due from the sale of wildlife licenses and all donations received as provided in section 33-4-102 (8.5) shall belong to the state and shall draw interest at the rate of one and one-half percent per month from the date due. (11) Any license agent who fails, upon demand of the division, to account for licenses or who fails to pay over to the division or its authorized representative moneys received from the sales of licenses: and all donations received as provided in section 33-4-102 (8.5): SECTION 6. Effective date. (1) This act shall take effect January 1, 2005. (2) However, if a referendum petition is filed against this act or an item, section, or part of this act during the 90-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution, then the act, item, section, or part, shall not take effect unless approved by the people at a biennial regular general election and shall take effect on the date specified in subsection (1) or on the date of the official declaration of the vote thereon by proclamation of the governor, whichever is later.